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07 March 2019
Issue: 7831 / Categories: Case law , In Court , Law digest
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Weekly law digests

Contract

Federal Republic of Nigeria v JP Morgan Chase Bank, NA [2019] EWHC 347 (Comm), [2019] All ER (D) 156 (Feb)

It was well established that the Quincecare duty of care was a duty on a bank to refrain from executing a customer’s order if, and for so long as, the bank was ‘put on inquiry’ in the sense that the bank had reasonable grounds for believing, assessed according to the standards of an ordinary prudent banker, that the order was an attempt to defraud the customer. Applying that principle, the Commercial Court held, among other things, that the application of the defendant, JP Morgan Chase Bank, NA, for reverse summary judgment against the claimant Federal Republic of Nigeria, under CPR 24.2, failed. On the correct interpretation of the depository agreement at issue, that Quincecare duty of care was neither inconsistent with, nor excluded by, the terms of that agreement.

Costs

Maugham QC v Uber London Ltd [2019] EWHC 391 (Ch), [2019] All ER (D) 158 (Feb)

The claimant’s application for a costs protection order in proceedings against Uber London Ltd (Uber) failed. The

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MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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